'They worked together as a team'

3 Allentown men held for trial in Kutztown student's death

The lawyer for two brothers accused in the beating death of Kyle Quinn said no evidence was presented in court Monday to show his clients assaulted the Kutztown University student.

"There was only one hit and neither of these guys delivered it," said attorney Eric Dowdle of Bethlehem, who represents Terry and Kenneth Kline of Allentown.

But Berks County prosecutor Brian G. McDonnell argued at a preliminary hearing that the Klines participated in the attack -- "They worked together as a team" -- and all the evidence hadn't been presented. Previously, authorities said Quinn had several bruises on his head.

After hearing the arguments, District Judge Gail Greth of Fleetwood ruled that the Klines and Timothy Gearhart must face trial on a number of charges, including first-degree murder. They are scheduled to appear in Berks County Court on Dec. 26, when prosecutors will indicate whether they will seek the death penalty.

About two dozen relatives and friends of Quinn, a sophomore history major from Warminster Township, Bucks County, attended the packed hearing. Family members said they are still not ready to comment.

Relatives and friends of the Klines and Gearhart also attended the hearing, and about two dozen waited outside. As the three men were escorted out of the courtroom, some yelled encouraging words to them.

According to testimony at the hearing, the men were belligerent and tried to walk away from the crime scene when Kutztown police Cpl. Paul Clery confronted them with his gun drawn.

Clery was among four law enforcement officers who testified about the chaotic night, which devastated Quinn's family, the college campus and community during the second week of school.

He said the Klines and their friend Gearhart, also of Allentown, were in the back seat of a sport utility vehicle that Clery stopped at 2:27 a.m. Sept. 7 in the 100 block of W. Main Street, a few feet from Quinn. The 19-year-old was on the sidewalk motionless and bleeding from a large gash on his forehead, Clery testified.

At one point, Terry Kline, 22, got out of the SUV after being ordered to stay inside and approached Clery, who had his gun pointed at him, Clery said.

During the hearing, McDonnell, first assistant district attorney, introduced 11 pieces of evidence, including statements made by the three men, an autopsy report and photos of the crime scene, the victim and the murder weapon. The statements made by the Klines and Gearhart were not read in open court.

According to court records:

Kyle Quinn was talking on his cell phone and walking back to his Kutztown University dorm room early Sept. 7 when he came upon Kenneth Kline, who was urinating on Main Street.

Kenneth Kline, 21, asked Quinn who he was talking to, and Quinn replied, "Not you." Kline got mad, snatched the cell phone and threw it across the street. His brother and Gearhart, 23, joined him in cursing and yelling at Quinn. Gearhart picked up a stick -- prosecutors say it was a wooden chair or table leg -- and hit Quinn in the head, knocking him to the ground. Terry Kline kept cursing at Quinn, witnesses told police.

Earlier, after drinking at Shorty's Bar in Kutztown, the three talked about wanting to fight with someone and tried to pick a fight with another man before they encountered Quinn.

Lehigh County Coroner Scott Grim ruled that Quinn died as a result of blunt force trauma to the head.

In his testimony, Clery said he was the first officer to arrive to the scene and spotted Terry Kline near Quinn. Kline looked at the officer, then got into an SUV that appeared to be getting ready to leave, Clery said.

While the three backseat passengers were acting up, the driver and front-seat passenger, Derik Houser and Andrew Weber, both 22, complied with Clery's order to stay put, he said. When back-up arrived, the five occupants were placed in cruisers and taken to police headquarters.

Kutztown officer Brian A. Klouser testified he found a leg from a piece of furniture, which he described as a 2-foot to 21/2-foot wooden table or chair leg, 35 to 40 feet from Quinn, and Quinn's cell phone, broken in three pieces, in the middle of W. Main Street. Both were sent to the state police crime lab for analysis, he said.

Detective W. Douglas Weaver of the Berks County district attorney's office testified he interviewed the Klines and Gearhart at the county prison Sept. 10, and they all spoke to him about what happened that night.

Another county detective, Gerardo Vega, said he attended the autopsy where Dr. Saralee Funke, a forensic pathologist at Lehigh Valley Hospital, determined that Quinn died of a massive hemorrhage due to a cerebral artery tear. Vega said Quinn also had bruises on the left side of his face and collarbone.

The Klines and Gearhart are charged with homicide, first-degree murder and third-degree murder and two counts each of aggravated assault and conspiracy. The Klines listed their Allentown address as 930 Oak St., and Gearhart listed his as 919 S. 10th St.

Gearhart's lawyer, chief public defender Glenn Welsh, made no closing argument. District Judge Greth asked for a 15-minute recess before ruling that the case should go to county court. The three men were then sent back to the county prison without bail.